VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00911 Package ID: USCOURTS-cofc-1_18-vv-00911 Petitioner: Michael Volle Filed: 2018-06-26 Decided: 2019-11-13 Vaccine: influenza Vaccination date: 2015-09-12 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 235000 AI-assisted case summary: Michael Volle filed a petition for compensation under the National Vaccine Injury Program on June 26, 2018, alleging that he suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on September 12, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Volle's alleged CIDP or any other injury. Despite maintaining their respective positions, the parties entered into a stipulation for an award of compensation. The stipulation provided for a lump sum payment of $235,000.00 to Mr. Volle, representing compensation for all damages available under the program. Special Master Thomas L. Gowen adopted the stipulation and ordered judgment to be entered accordingly. The decision date was November 13, 2019. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Petitioner counsel was Shealene P. Mancuso of Muller Brazil, LLP, and respondent counsel was Lara A. Englund of the U.S. Department of Justice. Theory of causation field: Petitioner Michael Volle received an influenza vaccine on September 12, 2015, and alleged he suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result. Respondent denied causation. The parties entered into a stipulation for award, agreeing to settle the issues. The stipulation awarded petitioner a lump sum of $235,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation on November 13, 2019. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00911-0 Date issued/filed: 2019-12-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/13/2019) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00911-UNJ Document 34 Filed 12/09/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 13, 2019 * * * * * * * * * * * * * MICHAEL VOLLE, * Unpublished * Petitioner, * No. 18-911V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; Influenza AND HUMAN SERVICES, * (“flu”) Vaccine; Chronic * Inflammatory Demyelinating Respondent. * Polyneuropathy (“CIDP”). * * * * * * * * * * * * * Shealene P. Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Lara A. Englund, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On June 26, 2018, Michael Volle (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccine on September 12, 2015. Id. at Preamble; Stipulation at ¶ 2 (ECF No. 29). Petitioner alleged that as a result of receiving the flu vaccination, he suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”). Id.; Stipulation at ¶ 4. On November 13, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that the flu vaccine is the cause of petitioner’s alleged CIDP or any other injury or his current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00911-UNJ Document 34 Filed 12/09/19 Page 2 of 7 between them shall be settled and that a decision should be entered awarding compensation o petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $235,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00911-UNJ Document 34 Filed 12/09/19 Page 3 of 7 Case 1:18-vv-00911-UNJ Document 34 Filed 12/09/19 Page 4 of 7 Case 1:18-vv-00911-UNJ Document 34 Filed 12/09/19 Page 5 of 7 Case 1:18-vv-00911-UNJ Document 34 Filed 12/09/19 Page 6 of 7 Case 1:18-vv-00911-UNJ Document 34 Filed 12/09/19 Page 7 of 7